11. The II Exchange Program is based upon the “Comparable Exchange” concept. Comparable Exchange attempts to parallel, to the greatest extent possible, the supply of and demand for the week relinquished to the Exchange Program with the supply of and demand for the week being requested in exchange. Comparable Exchange also attempts to ensure that Members are confirmed, whenever possible, to resorts which are comparable in quality to the Home Resort. As a general guideline, II has assigned a Color Code to each weekly time period at Member Resorts which reflects general demand information. These Color Codes do not reflect the ever-changing dynamics of the exchange process (e.g. natural disasters, supply of weeks available to the Exchange Program) which will affect actual supply and demand for a particular location and week. When assigning such Color Codes, II uses its own vacation week calendars, which may be different from the Home Resort’s calendars. The Color Codes are not an indication of the quality or desirability of vacationing in any specific resort, area, or season, nor are they necessarily an indication of the availability of a particular week in the Exchange Program.
12. II, therefore, in order to achieve its goal of providing the Member with an exchange experience comparable to that which the Home Resort provides, assigns a priority to each request based on the following factors:
(a) The supply of and demand for, within the Exchange Program, for the vacation week deposited (Deposit First) or being offered in exchange (Request First) and for the Home Resort.
(b) The supply of and demand for, within the Exchange Program, the vacation week and Member Resort being requested in exchange.
(c) The quality, facilities, and overall experience offered by the Home Resort as compared to the quality, facilities, and overall experience of the Member Resort being requested in exchange. This is based on evaluation forms received from exchange guests to the Home Resort, resort inspections and evaluations, and other information received by II regarding the Home Resort.
(d) When the exchange request is received by II. The earlier of two identical requests for the same vacation week with identical relinquishment will receive priority.
(e) The amount of time in advance of the first date of occupancy at which the Home Resort vacation week is relinquished to II.
(f) The unit type and private sleeping capacity being relinquished as compared to the unit type and private sleeping capacity being requested.
All of the above factors, with the exceptions of when the Home Resort accommodations are relinquished, when a request is received and the unit type and private sleeping capacity, are constantly changing and are updated by II on an ongoing basis.